6/22/2012

David Hogberg reports that Aaron has filed an emergency motion to stay the unconstitutional parts of the peace order against him, preventing him from blogging about public figure Brett Kimberlin:

Now Aaron Walker has retained the services of attorney Reginald Bours to fight the peace order. Uploaded here is a letter Bours has sent to Kimberlin. Bours does not mince words:

This is a complex case, and, as a lawyer, I try to see both sides of an issue. However, based on my review of the facts, I do not believe you have had a proper basis to file either of the peace orders you have presented to District Court Commissioners, usually late at night on weekends.

The attached motion addressed every citizen’s right to free speech. If you truly respect that right, you should withdraw this peace order.

The motion Bours refers to is an emergency motion he has filed for a partial stay or a modification of Kimberlin’s peace order that would in effect lift the peace order until the Appeals Court hears the case on July 5th.

The motion is worth reading for the case it lays out against Kimberlin’s so-called evidence. What’s most revealing is that Judge Vaughey not only ignored the Brandenburg standard for speech, he also appears to have ignored Maryland law.

DB Capitol Strategies, in partnership with RightSolutions, a 501c3 public charity, is building a nationwide team of lawyers to fight those who would silence online free speech. Our first salvo in that effort has been to file a federal lawsuit today against Brett Kimberlin, seeking, in part, an injunction to prevent the state from ever again arresting Mr. Aaron Walker, an American citizen, for exercising his right to free speech, and to release him from any prior censorship restrictions imposed by unlawful judgements.

This is only the first step in what we call the “Bloggers Defense Team.” We are firmly committed to exposing and combating the efforts of Brett Kimberlin, otherwise known as the Speedway Bomber, and his well-funded allies on the left (like George Soros and Barabara Streisand) who will use any means of harassment to silence political opposition.

No citizen of the United States should ever be arrested merely for blogging – especially not for blogging about the crimes of the notorious Speedway Bomber Brett Kimberlin.

This is an issue that should cross all party lines and divisions. Free speech is what makes our country great, and we must all forever defend it – or forever lose it.

It’s always nice to hear from Neal, whether he is threatening to get California Attorney General Kamala Harris investigating me for my alleged connection to Weinergate (crazy Neal believes I set up Anthony Weiner):

Or asking me whether I have completed responses to “interrogatories” improperly served on me, a non-party, by Neal’s associate Brett Kimberlin (I ignored the interrogatories):

Or falsely accusing me and others of intimidating witnesses:

Or talking about how Aaron Walker is likely to kill himself:

I have never written an email to Neal Rauhauser in my life.

One thing I’d like you to notice about these emails: they’re all indented in a characteristic way that I almost never see from anyone else.

Brooks Bayne is the one who noted that idiosyncracy of Neal’s.

It’s interesting, because it’s an idiosyncracy shared by a fellow calling himself the “Gaped Crusader”:

The Gaped Crusader published a picture of a naked man and said it was me; wrote posts about my wife; published my home address; and generally made it explicitly clear that Kimberlin and Rauhauser were out to intimidate and harass folks like SWATting victim Mike Stack, me (another SWAtting victim), and Kimberlin critics Aaron Walker, Seth Allen, and Mandy Nagy.

The Gaped Crusader is a critical link between the harassment SWATting victims and an associate of Kimberlin’s.

And the Gaped Crusader is tied to Neal Rauhauser through far more than the indentation quirk above. He is also tied through subject matter obsession; quirks of language; admissions regardings recent trips . . . and an IP address.

Among other things.

I will be devoting an entire post to the connections between Neal Rauhauser and the Gaped Crusader. Consider this a tease.

P.S. The links in that first email go to a) a dead link to Brett Kimberlin’s State Bar Complaint against me, and b) a Daily Kos entry encouraging readers to phone Kamala Harris and have me criminally investigated for the reasons set forth in Kimberlin’s State Bar Complaint. In that latter post, Neal talks in a comment about the price of my house, and how he’d love to sue me because I would be a “payday.”

The House could ask the U.S. attorney for the District of Columbia to prosecute Holder for contempt, but the Justice Department long ago took the position — in a very careful opinion written by then Assistant Attorney General Theodore Olson — that the department is not required by law to prosecute executive officials for contempt when the ground for subpoena noncompliance is a claim of executive privilege.

This is interesting, because when Harriet Miers was in contempt of Congress, there was a “separation of powers expert” who said the complete opposite. This fellow opined that the DoJ would be required to take the contempt case to the grand jury — executive privilege or no:

Some legal experts questioned interpreting the law [providing for contempt of Congress prosecutions] to mean that persons who cite executive privilege for failing to cooperate are exempt from prosecution.

The contempt statute refers such matters to “the appropriate U.S. attorney, whose duty it shall be to bring the matter before the grand jury for its action.”

It is “unambiguous,” said Peter Shane, an Ohio State law professor who is an expert in executive privilege.

That name sound familiar??

I even had an entire debate with Shane about his remarkable claim that prosecutors could be forced to bring cases they didn’t believe in.

Apparently I have finally convinced Shane that contempt prosecutions need not be prosecuted if the DoJ doesn’t believe in them.

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